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  1. #1
    Join Date
    Apr 2016
    Posts
    7

    Default Disputing a Speeding Ticket Based on the Presence of Other Cars

    My question involves a traffic ticket from the state of: Washington

    I received a ticket in buckley recently and decided to contest it. I got my request for discovery back a few days ago and have been looking over it trying to find any good arguments. The only one I can think of is the officer stated there were no other cars around to get a dual tracking reading, but there was a few cars in front of me.

    Not sure if that will matter, but I figured I'd see what you guys could come up with. Thanks!

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  2. #2
    Join Date
    Dec 2015
    Posts
    272

    Default Re: Trying to Contest a Ticket

    Not a good argument. You will argue that there were other cars around. The officer will say there were no other cars around. Your word vs. his word, he wins. Unless you have video proof that there were other cars around, that won't help you at all. Radar readings can be affected (which you will have to prove) by things such as concrete medians, other electronic devices which are operational in the car (radios, GPS units, satellite radio, etc.). All in all, I don't see much in the way of any viable defense here. Problem is that the officer is stating that he is trained to use the RADAR equipment, that it was calibrated before his shift and after your stop, and that no RFI was detected. You can argue against those points, but you need to actually prove your argument.

  3. #3
    Join Date
    Apr 2016
    Posts
    7

    Default Re: Trying to Contest a Ticket

    I figured as much. Thanks for the reply.

    So the way I see it now is I have a few options.

    1)try to make a plea some how to reduce the fine or get it off my record.

    2) ask for a continuance and hire an attorney to take care of it for me

    3) just buck up and pay the fine

    I really have no idea how I would get the judge to reduce it so I'm leaning towards the other two.

    Any other opinions or ideas would be greatly appreciated

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Trying to Contest a Ticket

    Quote Quoting Mistersw20
    View Post
    I figured as much. Thanks for the reply.

    So the way I see it now is I have a few options.

    1)try to make a plea some how to reduce the fine or get it off my record.

    2) ask for a continuance and hire an attorney to take care of it for me

    3) just buck up and pay the fine

    I really have no idea how I would get the judge to reduce it so I'm leaning towards the other two.

    Any other opinions or ideas would be greatly appreciated
    I am leaning towards number 3.

  5. #5
    Join Date
    Dec 2015
    Posts
    272

    Default Re: Trying to Contest a Ticket

    If it were me, I would still contest the ticket in hopes to plea it down prior to the hearing. I can't speak to the specifics in your state, but in PA, it is routine to contest a speeding ticket and have the officer make a deal the day of the hearing. Perhaps instead of being charged at 11mph over, you are charged with 6mph over. You would not need a lawyer to do something this simple. Perhaps others with more experience in your state can add additional details.

  6. #6
    Join Date
    Apr 2016
    Posts
    7

    Default Re: Trying to Contest a Ticket

    If I were to just pay, I would still go to court and just plead guilty correct?

    If anyone has Washington experience with talking with the officer before the hearing to deal ID like to know how to go about doing that if possible. I'd rather go that route seeing that I doubt the judge cares about my explanation. Didn't know the area, just going with the flow of traffic, blah blah blah

  7. #7
    Join Date
    Apr 2014
    Posts
    193

    Default Re: Trying to Contest a Ticket

    In Washington, the officer does not appear unless YOU subpoena him to appear. Washington has deferrals which keeps it off your record if you do not get another ticket for about 1 year but you pay a fee equal to or slightly greater than the fine. The other issue is that the standard for traffic tickets in Washington is preponderance of evidence, hard to overcome after the officer writes you a ticket. I would check with your county for the procedures for a deferral.

  8. #8
    Join Date
    Apr 2016
    Posts
    7

    Default Re: Trying to Contest a Ticket

    I used my defferal for my first ticket. Im not eligible for another one for about two years.

    If he does not show up won't I have a better chance of getting my point of the dual tracking across since they will just have a statement to go off off?

  9. #9
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Trying to Contest a Ticket

    Quote Quoting Mistersw20
    View Post
    I used my defferal for my first ticket. Im not eligible for another one for about two years.

    If he does not show up won't I have a better chance of getting my point of the dual tracking across since they will just have a statement to go off off?
    The officer specifically stated in his report, which the court will have, that there were no vehicles around to dual track. Your testimony would be that there was. The problem with your testimony is that it is biased because you have an incentive to avoid the ticket. The judge will take that into account. So which statement do you think the judge is more likely to believe?

  10. #10
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Trying to Contest a Ticket

    Some prosecutors in Washington allow you to plea bargain to a cell phone violation or inattentive driving, neither of which are considered moving violations. So that would be an option, too, if a deferral is not available. If are going to show up in court, won't hurt to ask about that, ideally to the prosecutor prior to the hearing. If you decide to simply pay, you should be able to do that without showing up in court, though it would be good to call them up and confirm that (and let them know you won't be coming to the hearing). Though I guess if you are a no-show, you will be automatically found guilty, and the fine will be unchanged (AFAIK). But best thing would be to call and confirm.

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